2-QBSPDOC 6000003139.pdf

PROCUREMENT DEPARTMENT

4 WORLD TRADE CENTER, 21ST FL.

150 GREENWICH STREET

NEW YORK, NY 10007

QUALIFICATIONS-BASED

SELECTION PROCESS (“QBSP”)

ISSUE DATE: 5/19/2026

TITLE: REFUSE REMOVAL, DISPOSAL AND RECYCLING SERVICES FOR

LAGUARDIA AIRPORT (LGA) – TWO-YEAR CONTRACT

QBSP NO.: 6000003139

Refer to Part I Section 3, “Form and Submission of Response”, for submission instructions.

RESPONSE DUE DATE: 6/1/2026 TIME: 2:00 PM ET

PRE-RESPONSE MEETING: 5/22/2026 TIME: 10:00 AM ET

BUYER NAME: SHANTA NELSON PHONE NO.: (212) 435-4661

EMAIL: SNELSON@PANYNJ.GOV

RESPONDENT INFORMATION (TO BE COMPLETED BY THE RESPONDENT)

(PLEASE PRINT)

(ENTITY RESPONDING ENTITY’S LEGAL BUSINESS NAME)

(ADDRESS)

(CITY, STATE AND ZIP CODE)

(REPRESENTATIVE TO CONTACT - NAME & TITLE) (TELEPHONE)

(FEDERAL TAX I.D. NO.) (FAX NO.)

_____ BUSINESS CORPORATION _______PARTNERSHIP ______INDIVIDUAL

Part V – SPECIFICATIONS

QUALIFICATIONS- BASED SELECTION PROCESS

o COVER PAGE: QBSP AND RESPONDENT INFORMATION o PART I – INFORMATION FOR RESPONDENTS o PART II – CONTRACT SPECIFIC INFORMATION FOR RESPONDENTS o PART III – CONTRACT SPECIFIC TERMS AND CONDITIONS o PART IV – SIGNATURE SHEET, NAME AND RESIDENCE OF

PRINCIPALS AND COST PROPOSAL PRICING SHEET(S)

o PART V – SPECIFICATIONS o STANDARD CONTRACT TERMS AND CONDITIONS

PART I - INFORMATION FOR RESPONDENTS, TABLE OF CONTENTS

1. General Information: The Port Authority of New York and New Jersey

2. Qualifications-Based Selection Process (“QBSP”)

3. Form and Submission of Response

4. Vendor Profile

5. Acknowledgment of Addenda

6. Firm Offer

7. Acceptance or Rejection of Responses

8. Respondent’s Questions

9. Additional Information To and From Respondents

10. Union Jurisdiction

11. Assessment of QBSP Requirements

12. Additional Qualification Information

13. Contractor’s Integrity Provisions

14. Code of Ethics for Port Authority Vendors

15. Pre-award Meeting

16. Reserved

17. Minority, Women-Owned and Service-disabled Veteran Owned Business Enterprises

18. Certification of Recycled Materials

19. Recycling Definitions:

20. City Payroll Tax

21. Automated Clearing House Enrollment

22. Additional Respondent Information

23. Safe Vehicle Operation ATTACHMENT IA - Certified Environmentally Preferable Products/Practices

PART I –QUALIFICATIONS-BASED SELECTION PROCESS- INFORMATION FOR

RESPONDENTS

1. General Information: The Port Authority of New York and New Jersey

For background with respect to The Port Authority of New York and New Jersey (the “Authority” or “Port Authority”) see www.panynj.gov. The Port Authority Trans-Hudson Corporation (“PATH”) is a wholly owned subsidiary of the Port Authority. All references to the Authority or Port Authority refer equally to PATH, as appropriate. Additionally, the most recent electronic version of the Port Authority’s Annual Report is available at http://www.panynj.gov/corporate-information/annual-reports.html.

2. Qualifications-Based Selection Process (“QBSP”)

Through this QBSP, the Port Authority intends to evaluate the experience, licensing, safety profile, environmental history, and integrity profile of Respondents to identify firms to be qualified to provide refuse removal and recycling services (the “Services”) for this Contract.

This Qualifications-Based Selection Process will be evaluated as follows:

i. The Port Authority will evaluate the completed Qualifications Evaluation Package ("QEP") Submissions ("Submissions") of the Respondents that meet the prerequisites listed in Part II, Section 9, entitled "Specific Respondents Prerequisites" herein. It will then review the Cost Proposals of those Respondents deemed to have acceptable QEP Submissions. The Respondent with the lowest Cost Proposal will undergo a further check of its qualifications in accordance with Part II, Section 10, entitled "Port Authority Background Qualifications Questionnaire (BQQ)" herein to determine its qualification for award of the Contract. The Contract will be awarded to the lowest, qualified, responsive and responsible Respondent.

ii. In order to participate in this QBSP, firms must submit a completed QEP Submission, a completed QBSP book, including a Cost Proposal, and the forms contained within this QBSP, including any addendum. The Qualifications Evaluation Package Submission, completed QBSP book, including a Cost Proposal, and any required forms together comprise a response to this QBSP (a "Response").

iii. For the purposes of this QBSP, the terms "Respondent," "submitter," "firm," "entity," and "you" all have the same meaning and refer to the entity submitting Response.

3. Form and Submission of Response

The Port Authority has ceased public bid openings and will allow for the electronic submission of bids. The Port Authority of New York and New Jersey has ceased public bid openings and will allow for the digital submission of certain bids using the Bonfire platform, accessible via the link https://panynj.bonfirehub.com/portal/?tab=openOpportunities.

http://www.panynj.gov/corporate-information/annual-reports.html https://panynj.bonfirehub.com/portal/?tab=openOpportunities

Respondents MUST register in order to download the solicitation documents and associated information regarding the referenced solicitation and in order to upload bid submissions.

Registration on the Bonfire platform requires a separate and distinct registration from all other Port Authority platforms.

Sealed Responses for the referenced solicitation will be received by the Port Authority any time up to but not later than the due date and time indicated in the solicitation document. The Port Authority will accept only those bids in electronic format, and in the same readable Adobe PDF or in the format as provided by the Port Authority. Bid submissions will be accepted by upload only at https://panynj.bonfirehub.com/portal/?tab=login and must be uploaded timely so as to be received by the Authority by the deadline in order to be considered. The Port Authority shall only accept Responses until 2:00 P.M. ET on the Response Due Date.

File Submission must be as follows:

Submit three (3) files. One with the completed QBSP book (saved as QBSP); one file containing the Cost Proposal (saved as Cost Proposal); and one file containing the QEP (saved as QEP).

Each email submission should include the Due Date, QBSP#, and solicitation title.

Hand deliveries and mailed deliveries (e.g., UPS, USPS) will not be accepted. The Port Authority may request an original, signed paper submission at any time following the Bid Due Date. If requested, such original, signed paper submission must be identical to the electronic submission. In the event of a discrepancy, the electronic submission shall control.

If requested by the Port Authority, the paper submission must be identical to the electronic submission that was submitted by the Response Due Date. In the event of a discrepancy, the electronic submission shall take precedence.

THERE WILL BE NO PUBLIC BID OPENINGS AND HAND DELIVERIES WILL NOT

BE ACCEPTED.

By submitting this Response, the Respondent offers to assume the obligations and liabilities imposed upon it herein and expressly makes the representations and warranties required to be made by it in this document.

4. Vendor Profile To ensure maximum opportunities, it is vitally important that Respondents keep their vendor profiles up to date with an appropriate e-mail address, as this will enable their firm to receive timely notice of advertisements, reminders, solicitations and addenda. Respondents may update their vendor profile or register as a Port Authority Vendor by accessing the online registration system at https://www.paprocure.com/https://panynjprocure.com/VenLogon.asp.

5. Acknowledgment of Addenda If any Addenda are posted or sent as part of this QBSP, the Respondent shall complete, sign and include with its Response the addenda form(s). In the event any Respondent fails to conform to these instructions, its Response will nevertheless be construed as though the Addenda had been acknowledged.

https://panynj.bonfirehub.com/portal/?tab=login%20 https://panynjprocure.com/VenLogon.asp

If the Respondent downloaded this solicitation document, it is the responsibility of the Respondent to periodically check the Port Authority website at http://www.panynj.gov/business-opportunities/bid-proposal-advertisements.html and download any addenda that might have been issued in connection with this solicitation.

6. Firm Offer The Respondent offers to provide the Port Authority of New York and New Jersey the services and to perform all Work in connection therewith required under this Contract, all as specified by the terms and conditions of the Contract, based on the Cost Proposal Pricing Sheets provided herein.

EXCEPTIONS TAKEN OR CONDITIONS IMPOSED BY A RESPONDENT TO ANY

PORTION OF THE CONTRACT DOCUMENTS WILL RESULT IN REJECTION OF THE

RESPONSE.

7. Acceptance or Rejection of Responses The acceptance of a Response will be by a written notice signed by an authorized representative on behalf of the Authority. No other act of the Port Authority, its Commissioners, officers, agents or employees shall constitute acceptance of a Response. The Port Authority reserves the unqualified right, in its sole and absolute discretion, to reject any or all Responses or to accept any Response, which in its judgment will best serve the public interest and to waive defects in any Response. No rights accrue to any Respondent unless and until its Response is accepted.

8. Respondent’s Questions Any questions by prospective Respondents concerning the Work to be performed or the terms and conditions of the Contract may be addressed to the Buyer listed on the Cover Sheet of this document.

The Buyer is only authorized to direct the attention of prospective Respondents to the portions of the Contract. No employee of the Port Authority is authorized to interpret any portion of the Contract or to give information in addition to that contained in the Contract. When Contract interpretation or additional information as to the Contract requirements is deemed necessary by the Port Authority, it will be communicated to all Respondents by written addenda issued under the name of the Program Director, Commodities & Services Division, Procurement Department of the Port Authority and may be posted on the Port Authority website. Addenda shall be considered part of the Contract.

9. Additional Information To and From Respondents Should the Authority require additional information from the Respondent in connection with its Response, such information shall be submitted within the time frame specified by the Port Authority.

If the Respondent shall provide a statement of the names and residences of its Principals on the Name and Residence of Principals Sheet, directly following the Signature Sheet.

10. Union Jurisdiction All prospective Respondents are advised to ascertain whether any union now represented or not represented at the Facility will claim jurisdiction over any aspect of the operations to be performed hereunder and their attention is directed to the paragraph entitled “Harmony” in the Standard Contract Terms and Conditions.

http://www.panynj.gov/business-opportunities/bid-proposal-advertisements.html http://www.panynj.gov/business-opportunities/bid-proposal-advertisements.html

11. Assessment of QBSP Requirements The Respondent should carefully examine and study the entire contents of these QBSP documents and shall make its own determinations as to the services and materials to be supplied and all other things required to be done by the Contractor.

12. Additional Qualification Information The Port Authority may give oral or written notice to the Respondent to furnish the Port Authority with information and to meet with designated representatives of the Port Authority relating to the Respondent’s qualifications and ability to fulfill the Contractor's obligations hereunder. The requested information shall be submitted no later than two (2) business days after said notice unless otherwise indicated. Matters upon which the Port Authority may inquire may include, but may not be limited to, the following:

a. The Respondent may be required to demonstrate that it is financially capable of performing this

Contract, and the determination of the Respondent's financial qualifications will be made by the Port Authority in its sole discretion. The Respondent shall submit such financial and other relevant information as may be required by the Port Authority from time to time including, but not limited to, the following:

1. (i) Certified financial statements, including applicable notes, reflecting the Respondent's assets, liabilities, net worth, revenues, expenses, profit or loss and cash flow for the most recent calendar year or the Respondent's most recent fiscal year.

(ii) Where the certified financial statements set forth in (i) above are not available, then either reviewed or compiled statements from an independent accountant setting forth the aforementioned information shall be provided.

(iii) Where neither certified financial statements nor financial statements from an independent accountant are available, as set forth in (i) and (ii) above, then financial statements containing such information prepared directly by the Respondent may be submitted; such financial statements, however, must be accompanied by a signed copy of the Respondent's most recent Federal income tax return and a statement in writing from the Respondent, signed by an executive officer or their authorized designee, that such statements accurately reflect the present financial condition of the Respondent.

Where the statements submitted pursuant to subparagraphs (i), (ii) or (iii) are dated prior to forty-five (45) days before the Response due date, then the Respondent shall submit a statement in writing, signed by an executive officer of the Respondent or their designee, that the present financial condition of the Respondent is at least as good as that shown on the statements submitted.

b. Respondent’s statement of work on hand, including any work on which a bid has been submitted, and containing a description of the work, the annual dollar value, the location by city and state, the current percentage of completion, the expected date for completion, and the name of an individual most familiar with the Respondent's work on these jobs.

c. The name and address of the Respondent's banking institution, chief banking representative handling the Respondent's account, the Respondent's Federal Employer Identification Number (i.e., the number assigned to firms by the Federal Government for tax purposes), the Respondent's Dun and Bradstreet number, if any, the name of any other credit service to which the Respondent has furnished information, and the number, if any, assigned by such service to the Respondent's account.

d. Information relating to the Respondent's Prerequisites, if any, as set forth in this QBSP document and QEP or any attachment or document requested therein

e. Information to supplement the response to any item requested in the QEP.

f. Proof that the signatory is authorized to execute a contract on behalf of the Respondent. If the Respondent is a corporation: (1) a copy of its Certificate of Incorporation and, if applicable, all Amendments thereto with a written declaration signed by the Secretary of the Corporation with the corporate seal affixed thereto, stating that the copy furnished is a true copy of the Certificate of Incorporation and any such Amendments as of the Response due date and (2) if the Respondent is not incorporated under the laws of the state in which the service is to be performed, a certificate from the Secretary of State of said state evidencing the Respondent's legal qualification to do business in that state.

g. A statement setting forth the names of those personnel to be in overall charge of the service and those who would be exclusively assigned to supervise the service and their specific roles therein, setting forth as to each the number of years of experience and in which functions and capacities each would serve.

h. Information to supplement any statement submitted in accordance with the Standard Contract Terms and Conditions entitled "Contractor's Integrity Provisions."

i. In the event that the Respondent's performance on a current or past Port Authority or Port Authority Trans-Hudson Corporation (PATH) contract or contracts has been rated less than satisfactory, the Manager, Purchasing Services Division, may give oral or written notice to the Respondent to furnish information demonstrating to the satisfaction of such Manager that, notwithstanding such rating, such performance was in fact satisfactory or that the circumstances which gave rise to such unsatisfactory rating have changed or will not apply to performance of this Contract, and that such performance will be satisfactory.

j. The Respondent recognizes that it may be required to demonstrate to the satisfaction of the Port Authority that it in fact can perform the services as called for in this Contract and that it may be required to substantiate the warranties and representations set forth herein and the statements and assurances it may be required to give.

Neither the giving of any of the aforesaid notices to a Respondent, the submission of materials by a Respondent, any meeting which the Respondent may have with the Port Authority, nor anything stated by the Port Authority in any such meeting shall be construed or alleged to be construed as an acceptance of said Respondent's Submission. Nothing stated in any such meeting shall be deemed to release any Respondent from its offer as contained in the QBSP documents.

13. Contractor’s Integrity Provisions By submitting a Response, the Respondent shall be deemed to have made the certifications contained within the clauses entitled “Certification of No Investigation (Criminal Or Civil Anti-Trust), Indictment, Conviction, Debarment, Suspension, Disqualification and Disclosure Of Other Information” And “Non-Collusive Responding And Code Of Ethics Certification; Certification Of No Solicitation Based On Commission, Percentage, Brokerage, Contingent Or Other Fees.” If the Respondent is unable to make the certifications contained therein, the Respondent shall submit a statement with its Response explaining why any such certification(s) cannot be made. Such a submission shall be submitted with your Response to bidrfpsubmittal@panynj.gov.

14. Code of Ethics for Port Authority Vendors Respondent’s attention is directed to the Port Authority’s “Code of Ethics for Port Authority Vendors” (the “Code”). The Code of Ethics can be found on the Port Authority’s website at https://www.panynj.gov/business-opportunities/become-vendor.html.

15. Pre-award Meeting The lowest qualified Respondent may be called for a pre-award meeting prior to award of the Contract.

16. Reserved

17. Minority, Women-Owned and Service-disabled Veteran Owned Business Enterprises

Respondents shall comply with the provisions set forth in Part III.

18. Certification of Recycled Materials Respondents are requested to submit, with their Response, a written certification entitled “Certified Environmentally Preferable Products / Practices” attached hereto as “Attachment I-A”, attesting that the products or items offered by the Respondent contain the minimum percentage of post-consumer recovered material in accordance with the most recent guidelines issued by the United States Environmental Protection Agency (EPA), or, for commodities not so covered, the minimum percentage of post-consumer recovered materials established by other applicable regulatory agencies. The data submitted by the Respondent in Attachment I-A is being solicited for informational purposes only.

19. Recycling Definitions:

For purposes of this numbered section, the following definitions shall apply:

a. Recovered Material" means any waste material or by-product that has been recovered or diverted from Solid Waste, excluding those materials and by-products generated from, and commonly reused within, an original manufacturing process.

b. “Post-consumer Material” means any material or finished product that has served its intended use and has been discarded for disposal or recovery having completed its life as a consumer item. “Post-consumer material” is included in the broader category of “Recovered Material”.

c. “Pre-consumer Material” means any material or by-product generated after the manufacture of a product but before the product reaches the consumer, such as damaged or obsolete products. Pre-consumer Material does not include mill and manufacturing trim, scrap, or broken material that is generated at a manufacturing site and commonly reused on-site in the same or another manufacturing process.

d. "Recycled Product" means a product that contains the highest amount of post-consumer material practicable, or when post-consumer material is impracticable for a specific type of product, contains substantial amounts of Pre-consumer Material.

mailto:bidrfpsubmittal@panynj.gov https://www.panynj.gov/business-opportunities/become-vendor.html

e. "Recyclable Product" means the ability of a product and its packaging to be reused, reconditioned for use, or recycled through existing recycling collection programs.

f. "Waste Reducing Product" means any product that will result in less waste generated due to its use rather than another product designed to serve the same function with a greater waste generation rate. This shall include, but not be limited to, those products that can be reused, refilled or have a longer life expectancy and contain a lesser amount of toxic constituents.

20. City Payroll Tax Respondents should be aware of the payroll tax imposed by the:

a. City of Newark, New Jersey for services performed in Newark, New Jersey;

b. City of New York, New York for services performed in New York, New York; and

c. City of Yonkers, New York for services performed in Yonkers, New York.

These taxes, if applicable, are the sole responsibility of the Contractor. Respondents should consult their tax advisors as to the effect, if any, of these taxes. The Port Authority provides this notice for informational purposes only and is not responsible for either the imposition or administration of such taxes. The Port Authority exemption set forth in the Paragraph headed “Sales or Compensating Use Taxes”, in the Standard Contract Terms and Conditions included herein, does not apply to these taxes.

21. Automated Clearing House Enrollment The Port Authority of New York and New Jersey has transitioned to an electronic method of paying its vendors, contractors and consultants via an Automated Clearing House (“ACH”) funds transfer.

It is the Port Authority’s expectation that all vendors, contractors and consultants will be paid via an ACH funds transfer. To avoid delays in payment, vendors, contractors, and consultants should enroll in ACH and complete the Port Authority’s “Authorization Agreement For Direct Deposits And Direct Payments (ACH Credits)” form, which is available at https://www.panynj.gov/business-opportunities/pdf/Vendor-ACH-auth-form.pdf. The Authorization Agreement shall remain in full force and effect until the Port Authority has received written notification from the vendor, contractor or consultant of its termination in such time and in such manner as to afford the Port Authority and the depository financial institution(s) a reasonable opportunity to act on it. Any questions on this process may be directed to the Comptrollers Department ACH Enrollments contact line at 201 216-6002 or emailed to

ACHENROLLMENT@PANYNJ.GOV.

22. Additional Respondent Information Prospective Respondents are advised that additional vendor information, including but not limited to, forms, documents and other information, including protest procedures, may be found on the Port Authority website at: http://www.panynj.gov/business-opportunities/become-vendor.html.

23. Safe Vehicle Operation The Respondent may be required to demonstrate that it has a satisfactory Federal Motor Carrier Safety Administration (FMCSA) safety record and vehicle maintenance program. If applicable, the Respondent shall submit this safety information as may be required by the Port Authority, including, but not limited to:

1. Information about their overall FMCSA safety program;

mailto:ACHENROLLMENT@PANYNJ.GOV http://www.panynj.gov/business-opportunities/become-vendor.html

2. Information about their drivers training program;

3. Information about their vehicle maintenance program;

4. Results of Commercial Vehicle inspections;

5. Information about actions taken to remedy safety issues and violations.

The determination that the Respondent's safety record and safety programs are satisfactory will be made by the Port Authority at its sole discretion.

ATTACHMENT IA - Certified Environmentally Preferable Products/Practices Respondent Name: _____________________________Date: _______________________________

In line with the Port Authority’s efforts to promote products and practices which reduce our impact on the environment and human health, Respondents are encouraged to provide information regarding their environmentally preferable/sustainable business practices as they relate to this contract wherever possible. Respondents are requested to complete this form and submit it with their response, if appropriate. Respondents are requested to submit appropriate documentation to support the items for which the Respondent indicates a “Yes” and present this documentation, in the proper sequence of this Attachment.

1. Packaging Has the Respondent implemented any of the following environmental initiatives? (A checkmark indicates “Yes”) ____ Use of corrugated materials that exceed the required minimum EPA recommended post-consumer recycled content ____ Use of other packaging materials that contain recycled content and are recyclable in most local programs ____ Promotes waste prevention and source reduction by reducing the extent of the packaging and/or offering packaging take-back services, or shipping carton return ____ Reduces or eliminates materials which have been bleached with chlorine or chlorine derivatives ____ Eliminates any packaging that may contain polyvinyl chloride (PVC), or polystyrene or heavy metals.

If yes, a description of the practices being followed should be include with the submission.

2. Business Practices / Operations / Manufacturing Does the Respondent engage in practices that serve to reduce or minimize an impact to the environment, including, but not necessarily limited to, the following items? (A checkmark indicates “Yes”) ____ Recycles materials in the warehouse or other operations ____ Use of alternative fuel vehicles or vehicles equipped with diesel emission control devices for delivery or transportation purposes ____ Use of energy efficient office equipment or signage or the incorporation of green building design elements ____ Use of recycled paper (that meets federal specifications) in their marketing and/or resource materials ____ Other sustainable initiative If yes, a description of the practices being followed should be included with the submission.

3. Training and Education Does the Respondent conduct/offer a program to train or inform customers and employees of the environmental benefits of the products to be offered under this contract, and/or does the Respondent conduct environmental training of its own staff?

Yes No If yes, Respondent shall attach a description of the training offered and the specific criteria targeted by the training.

4. Certifications Has the Respondent or any of its manufacturers and/or subcontractors obtained any of the following product / industry certifications? (A checkmark indicates “Yes”) ____ ISO 14000 or adopted some other equivalent environmental management system ____ Other industry environmental standards (where applicable), such as the CERES principles, LEED Certification, C2C Protocol, Responsible Care Codes of Practice or other similar standards ____ Third Party product certifications such as Green Seal, Scientific Certification Systems, Smartwood, etc.

If yes, Respondents should attach copies of the certificates obtained.

I hereby certify under penalty of law, the above statements are true and correct.

_____________________________________Name __________________Date

Part II – CONTRACT SPECIFIC INFORMATION FOR RESPONDERS

PART II – CONTRACT SPECIFIC INFORMATION FOR RESPONDENTS

TABLE OF CONTENTS

1. Service(s) Required

2. Location(s) Services Required

3. Expected Date of Commencement of Contract

4. Contract Type

5. Duration of Contract

6. Price Adjustment during Base Term (Index Based)

7. Extension Period

8. Pre-Response Meeting

9. Specific Respondents’ Prerequisites

10. Port Authority Background Qualification Questionnaire (“BQQ”)

11. Personnel Assurance Program and Contractor Staff Background Screening 4

12. Bidder’s Additional Submittal Requirements

PART II - CONTRACT SPECIFIC INFORMATION FOR RESPONDENTS

The following information may be referred to in other parts hereof, or further detailed in other parts hereof, if applicable.

1. Service(s) Required Refuse removal, disposal and recycling services.

2. Location(s) Services Required

LaGuardia Airport, Flushing, NY, as more fully described in the definition of “Facility” in Part V (the Specifications).

3. Expected Date of Commencement of Contract On or about July 8, 2026.

4. Contract Type Unit Price, Service Contract.

5. Duration of Contract Two (2) years, to expire on or about July 7, 2028.

6. Price Adjustment during Base Term (Index Based)

Price adjustment during the Base Term shall be pursuant to the clause entitled "Price Adjustment" in Part III hereof.

7. Extension Period Not Applicable.

8. Pre-Response Meeting Date and Time: Friday, May 22, 2026, Date, Time 10:00 A.M. ET The Port Authority will conduct a virtual Pre-Response Meeting via Microsoft Teams on Friday, May 22, 2026 at 10:00 A.M. ET to discuss the solicitation documents and requirements. Parties interested in attending the Microsoft Teams Pre-Response Meeting shall email the Shanta Nelson, at snelson@panynj.gov no later than 2:00 PM ET the business day before the meeting. You will receive a Microsoft Teams invitation via email, which you must “Accept” in order to participate in the Pre-Response Meeting.

9. Specific Respondents’ Prerequisites The firms who are deemed to meet the following prerequisites will have their Qualification Evaluation Package Submission evaluated:

a. The Firm shall have at least three (3) years of continuous experience immediately preceding the date of submission of its Response in the management and operation of a business that provides government, commercial or industrial refuse removal/disposal and recycling services, and during that time shall have actually engaged in providing such services to government, commercial or industrial accounts under contract. The Firm may mailto:snelson@panynj.gov fulfill this prerequisite if the Firm can demonstrate to the satisfaction of the Port Authority that the persons or entities owning and controlling the Firm have had a cumulative total of at least three (3) years of experience immediately prior to the date of the submission of its Response in the management and operation of a business actually engaged in providing these services to government, commercial or industrial accounts under contract during that time, or have owned and controlled other entities which have actually engaged in providing the above described services during that time period.

b. During the time period stated in (a) above, the Firm, or persons or entities owning and controlling the Firm, shall have satisfactorily performed or shall be performing under at least one (1) contract requiring similar services of similar scope to those required under this Contract.

c. The Respondent shall have a current and valid Trade Waste Removal License issued by, or be currently authorized to operate by, the New York City Business Integrity Commission

(“BIC”).

d. In the event a Response is submitted by a joint venture the foregoing prerequisites will be considered with respect to such Response as follows: The prerequisite in subparagraphs (a) and (b) above will be considered satisfied if the joint venture itself, or any of its participants individually, can meet the requirements. The prerequisite in subparagraph (c) above will be considered satisfied if the participant performing the Work has a current and valid Trade Waste Removal License from the New York City Business Integrity Commission (“BIC”).

If a joint venture which has not been established as a distinct legal entity submits a response, it and all participants in the joint venture shall be bound jointly and severally and each such participant in the joint venture shall execute the Response and do each act and thing required by this QBSP. On the original Response and wherever else the Respondent’s name would appear, the name of the joint venture Respondent should appear if the joint venture is a distinct legal entity. If the Respondent is a common law joint venture, the names of all participants should be listed followed by the words “acting jointly and severally.” All joint venture Respondents must provide documentation of their legal status.

Proof of meeting these prerequisites should be submitted with the QBSP.

Note: Only Cost Proposals from Respondents who are deemed qualified based on their Qualifications Evaluation Package Submissions will be evaluated.

10. Port Authority Background Qualification Questionnaire (“BQQ”) Respondent must submit separately to the Port Authority Office of Inspector General (“OIG”), a fully completed BQQ. The BQQ and instructions for its submission to the Port Authority’s Office of Inspector General, may be obtained at the Port Authority’s website through the following hyperlink:

https://www.panynj.gov/port-authority/en/help-center/oig.html The BQQ should be submitted to the Office of Inspector General prior to or simultaneously with the submission of the Response.

https://www.panynj.gov/port-authority/en/help-center/oig.html

11. Personnel Assurance Program and Contractor Staff Background Screening The Contractor awarded this Contract may be required to have its staff, and any subcontractor’s staff working under this Contract, authorize the Authority or its designee to perform background checks. Such authorization shall be in a form acceptable to the Authority.

The Contractor and any subcontractors may also be required to use an organization designated by the Authority to perform the background checks. The cost for said background checks for staff that pass and are granted a credential may be reimbursable to the Contractor and its subcontractors as an out-of-pocket expense. Costs for staff that are rejected for a credential for any reason are not reimbursable.

Such background checks shall be performed through the Authority’s personnel assurance program provider. The Secure Worker Access Consortium (“S.W.A.C.”) is the only Port Authority approved provider to be used to conduct background screening, except as otherwise required by federal law and/or regulation. Information about S.W.A.C., instructions, corporate enrollment, online applications, and location of processing centers can be found at http://www.secureworker.com, or S.W.A.C. may be contacted directly at (877) 522-7922.

12. Bidder’s Additional Submittal Requirements The Respondent should submit with its Response a completed Outreach Plan in accordance with the Section in Bid Part III entitled “Minority, Women-Owned and Service-disabled Veteran Owned Business Enterprises”.

A formal letter explaining the Plan outreach and/or response to the provisions should be submitted. Elements of the submitted formal letter shall include, at minimum, the Port Authority subcontractor names, a description of the supply or service of their involvement, explanation and demonstration of outreach and efforts by the Respondent to identify opportunities, and reasons where opportunities do not exist or could not be achieved.

http://www.secureworker.com/

PART III – CONTRACT SPECIFIC TERMS AND CONDITIONS PART III - 1

Rev. 7.2024 (PA)

PART III – CONTRACT SPECIFIC TERMS AND CONDITIONS,

1. General Agreement

2. Duration

3. Payment

4. Price Adjustment

5. Liquidated Damages

6. Insurance Procured by the Contractor

7. Sustainable Packaging

8. Increase and Decrease in Areas, Frequencies or Quantity of Personnel

9. Extra Work

10. Minority Businesses, Women-Owned Businesses and Service-Disabled

Veteran Owned Business Enterprises

Attachment A: Good Faith Outreach Summy Plan Attachment B: Form PA3760 M/WBE and PA3760SDV1 SDVOB Outreach Plan and Affirmation Statement

PART III – CONTRACT SPECIFIC TERMS AND CONDITIONS PART III - 2

Rev. 7.2024 (PA)

PART III – CONTRACT SPECIFIC TERMS AND CONDITIONS

1. General Agreement Subject to all of the terms and conditions of this Contract, the undersigned (the “Contractor”) hereby offers and agrees to provide all the necessary supervision, personnel, equipment, materials and all other things necessary to perform the Work required by this Contract as specified in Part II, and fully set forth in the Part V (the “Specifications”), at the location(s) listed in Part II and as more fully set forth in the Specifications, and to do all other things necessary or proper therefor or incidental thereto, all in strict accordance with the provisions of the Contract Documents and any future changes therein; and the Contractor further agrees to assume and perform all other duties and obligations imposed upon it by this Contract.

In addition, all things not expressly mentioned in the Specifications but involved in the carrying out of their intent and in the complete and proper execution of the matters referred to in and required by this Contract are required by the Specifications, and the Contractor shall perform the same as though they were specifically delineated, described and mentioned therein.

2. Duration

a) The initial term of this Contract (the “Base Term”) shall commence on the specific date set forth in the Port Authority’s written notice of bid acceptance (the “Commencement Date”), on or about the date specified in Part II hereof, and unless otherwise terminated or revoked in accordance with the provisions hereof, shall expire as specified in Part II hereof. The Port Authority shall have the right to extend this Contract for additional period(s), either through an extension or option(s), as follows:

i. If specified as applicable to this Contract and set forth in Part II hereof, the Port Authority shall have the right to extend this Contract for additional period(s), through exercising an option(s) (the “Option Period(s)”) following the expiration of the Base Term, upon the same terms and conditions subject only to adjustments of charges, if applicable to this Contract, as may be hereinafter provided in the paragraph entitled “Price Adjustments.” If the Port Authority elects to exercise the Option Period(s) to extend this Contract, then, no later than thirty (30) days prior to the expiration date of the Base Term or current Option Period, the Port Authority shall send a notice that it is extending the term of this Contract, and this Contract shall thereupon be extended for the applicable Option Period. If the Contract provides for more than one Option Period, the same procedure shall apply with regard to extending the term of this Contract for succeeding Option Periods.

ii. Unless specified as not applicable to this Contract in Part II hereof, the Port Authority shall have the absolute right to extend the term for an additional period of up to one hundred and twenty (120) days subsequent to the expiration date of the Base Term, or the expiration date of the final exercised Option Period (the “Extension Period”), subject to the same terms

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Rev. 7.2024 (PA) and conditions as the previous Contract period. The prices quoted by the Contractor for the previous Contract period shall remain in effect during this Extension Period without adjustment, unless otherwise provided in the Contract. If it so elects to extend the term of Contract, the Port Authority will advise the Contractor, in writing, that the term is so extended, and will stipulate the length of the Extension Period, at least thirty (30) days prior to the expiration date of the previous Contract period.

3. Payment Subject to all of the terms and conditions of this Contract, the Port Authority agrees to pay to the Contractor and the Contractor agrees to accept from the Port Authority as full and complete consideration for the performance of all its obligations under this Contract and as sole compensation for the Work performed by the Contractor hereunder, a compensation calculated from the actual quantities of services performed and the respective prices inserted by the Contractor in the Pricing Sheet(s), forming a part of this Contract, exclusive of compensation under the clause hereof entitled “Extra Work”. The manner of submission of all bills for payment to the Contractor by the Port Authority for Work rendered under this Contract shall be subject to the approval of the Manager in all respects, including, but not limited to, format, breakdown of items presented and verifying records. All computations made by the Contractor and all billing and billing procedures shall be done in conformance with the following procedures:

a) Payment shall be made in accordance with the prices for the applicable Work

(during the applicable Contract year) as they appear on the Pricing Sheet(s), as the same may be adjusted from time to time as specified herein, minus any deductions for Work not performed and/or any liquidated damages to which the invoice may be subject and/or any adjustments as may be required pursuant to increases and decreases in areas, frequencies, or quantity of personnel, if applicable. All Work must be completed within the time frames specified, or as designated by the Manager.

b) The Contractor shall submit to the Manager, on or by the fifth day of the month following the month of commencement of this Contract, and on or by the fifth day of each month thereafter (including the month following the termination, revocation or expiration of this Contract), a complete and correct invoice for the Work performed during the preceding month accompanied by such information as may be required by the Manager for verification. The invoice must show the Contractor's Federal Tax Identification Number and Purchase Order Number, if applicable. Payment of the invoice will be made within thirty (30) days of Port Authority verification that the invoice is complete and correct.

Unless otherwise notified by the Port Authority, invoices will be submitted via the Vendor Invoice Management (VIM) portal, for acceptance and verification by the authorized Port Authority personnel. Once approved invoices will be processed for payment.

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Rev. 4.2026 (PA)

If notification is communicated that VIM is not available, invoices are to be sent electronically to the email address provided by Port Authority following contract award.

c) If credits are to be made to the Port Authority, the Contractor shall indicate it on the monthly invoice. The credit shall be deducted from the monthly balance.

d) No certificate, payment, acceptance of any Work or any other act or omission of any representative of the Port Authority shall operate to: (1) release the Contractor from any obligation under or upon this Contract; (2) estop the Port Authority from showing at any time that such certificate, payment, acceptance, act or omission was incorrect; or (3) preclude the Port Authority from recovering any monies (a) paid in excess of those lawfully due or (b) to which the Port Authority may be entitled on account of any damage sustained by the Port Authority.

e) In the event an audit of received invoices should indicate that the correct sum due the Contractor for the relevant billing period is less than the amount actually paid by the Port Authority, the Contractor shall pay to the Port Authority the difference promptly upon receipt of the Port Authority’s statement thereof. The Port Authority may, however, in its discretion elect to deduct said sum or sums from any subsequent monthly payments payable to the Contractor hereunder.

“Final Payment,” as the term is used throughout this Contract, means the final payment made for services rendered in the last month of the term of this Contract (the “Last Month”) whether such Last Month occurs during the Base Term, or any Option Period or Extension Period. However, should this Contract be terminated for any reason prior to any such Last Month, then Final Payment shall be the payment made for services rendered in the month during which such termination becomes effective. The Contractor’s acceptance of Final Payment shall act as a full and complete release to the Port Authority of all claims of and of all liability to the Contractor for all things done or furnished in connection with this Contract and for every act and neglect of the Port Authority and others relating to or arising out of this Contract, including claims arising out of breach of contract and claims based on claims of third persons. No payment, however, final or otherwise shall operate to release the Contractor from any obligations in connection with this Contract.

4. Price Adjustment

a) The Contractor's sole compensation in full consideration for the performance of all of its obligations under this Contract for the Base Term shall be the applicable "Unit Price Per Pick Up” quoted by the Contractor on the Pricing Sheets for each Item, multiplied by the actual number of Pickups, subject, however, to such payments and adjustments as are hereinafter provided for.

b) In the event of increasing or decreasing costs in dumping and/or disposal charges imposed by the Solid Waste Facility subsequent to 12:01 a.m. on the thirteenth (13th) month following the Commencement Date through the expiration date of this Contract, the Contractor may request in writing to the Manager an adjustment to the "Unit Price Per Pick Up” then in effect. The Contractor’s request for a Price Adjustment hereunder must be accompanied by the current “Calculation of Contractor’s Price Per Pick Up” sheet attached as Attachment C in Part IV, for

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each Container for which a price adjustment is being requested, as well as documentation evidencing such increased or decreased dumping and/or disposal charges. In the event of a discrepancy between the dumping and/or disposal charges quoted by the Contractor in its Response on any of the “Calculation of Contractor’s Unit Price Per Pick Up” sheets and the documentation of dumping and/or disposal charges required to be submitted by the Contractor, the Port Authority reserves the right, but shall not be obligated, to adjust the rate quoted to reflect actual charges. Such adjustments shall be equal to the actual changes in dumping/disposal fees paid by the Contractor at its Solid Waste Facility for the actual amount of Waste Material that is dumped as part of this Contract.

c) Any such adjustment is subject to subsequent review by the Port Authority Audit

Department. If such a review indicates a modification to this adjustment is proper, it will be done accordingly, and Contract compensation will be retroactively adjusted.

d) The New York City Department of Sanitation recognized tonnage/yardage conversion factor for Solid Waste shall be used if the Manager determines that a conversion factor is necessary to adjust dumping and/or disposal charges.

5. Liquidated Damages

a) The Contractor’s obligations for the performance and completion of the Work within the time or times provided for in this Contract are of the essence of this Contract. In the event that the Contractor fails to satisfactorily perform all or any part of the Work required hereunder in accordance with the requirements set forth in the Specifications (as the same may be modified in accordance with provisions set forth elsewhere herein) then damages for breach by the Contractor may be liquidated, but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy, as follows:

i. If the Contractor fails to deliver or replace a Container as set forth in the Specifications, then the amount payable by the Port Authority to the Contractor shall be reduced by One Hundred ($100) Dollars for each hour, or for any partial hour on a pro-rata basis, until the Container is delivered or replaced.

ii. If the Contractor fails to perform Pickups as set forth in the Specifications, then the amount payable by the Port Authority to the Contractor shall be reduced by One Hundred ($100) Dollars for each hour, or for any partial hour on a pro-rata basis, until the Contractor performs the Pickup.

iii. If the Contractor fails to respond to a call to repair a Compactor unit within four (4) hours of the Manager’s call to report a breakdown, the amount payable by the Port Authority to the Contractor shall be reduced by One

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Hundred ($100) Dollars per hour, or partial hour on a pro-rata basis, until the Contractor responds.

iv. If the Contractor fails to supply a Container when a Compactor breaks down in accordance with the Specifications, the amount payable by the Port Authority to the Contractor shall be reduced by Two Hundred ($200) Dollars for each hour, or partial hour on a pro-rat basis, until the Container is delivered or the Compactor is repaired or replaced.

v. If the Contractor fails to repair or replace a Compactor unit within three (3) business days of the manager’s notification to report a breakdown, then the amount payable by the Port…